Discussion:
Background
City Code 90.16, Encroachment in Easement Areas, indicates that "no trees, shrubs, bushes, retaining walls, structures, hard surface areas, or other obstructions, with the exception of shallow root plantings and garden fences, shall be placed within an easement area held by the city, except if written permission has been granted by the city". Upon review of proposed encroachment and determination that there are no expected detrimental effects, it has been the city's practice to allow the continuance of the such (minor) encroachments; however, an encroachment agreement has been the instrument to provide the proper documentation by officially recording the encroachment with the county as part of the property file.
Encroachment
The encroachment at 1301 Meadow Court consists of a fence. This improvement will be constructed by the property owner and will encroach on the public drainage and utility easements in the rear yard and side yard of this parcel. The property exists as a single family residential lot that was platted in 2016; the structure is proposed to be constructed in 2020. Shakopee Public Utilities (SPU) was consulted as a watermain running through the side and rear yard of the property will be enclosed with the proposed fence. SPU has provided written input to the city that they will allow the fence to be constructed as long as the property owner incorporates an access gate on the east side of the home. The encroachment is categorized as a minor encroachment that does not limit the use or cause negative impacts within the easement. The agreements are necessary to document the encroachments should the city require the temporary or permanent removal of the fence in the future, understanding that the removal and replacement costs would be borne by the property owner(s).